G/SPS/GEN/1820  
 
20 August  2020 
(20-5690) Page: 1/1 
Committee on Sanitary and Phytosanitary Measures  Original: English  
 
 
US RESPONSE TO INDIA'S QUESTIONS IN G/SPS/W/318/REV.2  (SECTION 11.3)  
SUBMISSION  BY THE UNITED STATES  
The following communication, received on 17 August 2020, is being circulated at the request of the 
delegation of  the United States . 
 
As part of the discu ssions under the Fifth Review1, several Members jointly submitted proposals on 
fall armyworm2 for consideration by the SPS Committee.  In the Committee's discussions on the draft 
recommendations for the Fifth Review Report, India raised various questions (in document 
G/SPS/W/318/Rev.2 , section 11.3) on the fall armyworm recommendations. For transpar ency 
purposes, the responses that were earlier submitted to India by the United States on these questions 
are provided below in italics.  
 
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1.1.  In document G/SPS/W/318/Rev.2  (section 11.3), India submitte d the comments below:  
"11.3. The following are India's comments on the draft recommendations/suggestions in 
document G/SPS/W/318  regardin g paragraphs 4.1 and 4.2 about fall armyworm (FAW):  
a. We recognize the importance of devising ways and means to tackle fall armyworm 
(FAW). We are also committed to building stakeholder’s capacities through mutual 
cooperation and support. However, we feel th at further deliberations are required 
to obtain clarity on some of the concepts being proposed in paragraphs 4.1 and 4.2. 
We note that market access to products, tools, and technologies will be governed 
by regulations and laws in force in each Member’s ter ritory. We request the 
proponents to elaborate upon the following:  …" 
Response from the United States :  
We agree with India on the desirability of further deliberations in the Committee on the 
concepts outlined in G/SPS/W/317 . The third recommendation for fall armyworm in 
G/SPS/W/324/Rev.1  encourages Members to  continue the discussion of these concepts in 
the Committee, and where appropriate, in the working group on approval procedures 
proposed by Canada.  
1.2.  India submitted the following question ( G/SPS/W/318/Rev.2 , section 11.3):  
"i. Are the concepts being proposed to address the SPS challenges relating to FAW voluntary  
    in nature or are they to be adhered to in a prescriptive manner? " 
 
 
 
1 At its June 2020 regular meeting, the Committee adopted, on an ad referendum  basis, the Report of 
the Fifth Review of the Operation and Implementation of the SPS Agreement. No objections to the adoption of 
the Report were received by the deadline of 31 Jul y 2020. The adopted Report was circulated as G/SPS/64  and 
G/SPS/64/Add.1  on 3 August 2020.  
2 An initial proposal ( G/SPS/W/305 ) was submitted by Brazil , Kenya, Madagascar, Paraguay, the United 
States  and Uruguay , followed by a  subsequent proposal ( G/SPS/W/317 ) from  Brazil , Kenya, Paraguay and the 
United States on 9 July 2019 entitled Enabling Access to Tools and Technologies: Towards Safer and More 
Sustainable Agriculture through Regulat ory Collaboration . G/SPS/G EN/1820  
 
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  Response from the United States :  
The concepts are voluntary. Paragraph 1.3 of G/SPS/W/317  states: “The objective of this 
follow -on submission is to provide an initial compilation of concepts that support 
collaboration at the regional and international level and that can be employed, on a voluntary 
basis, to improve and streamline regulatory processes, while  safeguarding human, plant and 
animal health. Such a compilation could serve as a resource, in particular, for authorities 
with capacity constraints to help identify regulatory efficiencies that can lead to greater and 
faster access to safe tools and techn ologies to manage FAW and other SPS challenges”.  
1.3.  India submitted the following question ( G/SPS/W/318/Rev.2 , section 11.3):  
"ii. Is the list of concepts exhaustive or is it merely an indicative/inclusive one?"  
 
Respon se from the United States :  
As stated above, the objective of G/SPS/W/317  is to lay out an initial  compilation of concepts 
that “could productively be a subject of further Committee discussion” per paragraph 1.4.  
1.4.  India submitted the following question ( G/SPS/W/318/Rev.2 , section 11.3):  
"iii. With respect to the following:  
1) Data portability;  
2) Common application dossiers;  
3) Joint risk assessments;  
4) Familiarity  
5) History of safe use; and  
6) Emergency use authorization.  
What is the legal basis for these concepts under the SPS Agreement? Do the concepts adhere 
to the requirements specified under the SPS Agreement or are some of them SPS -plus?"  
 
Response from the United States :  
As noted above, G/SPS/W/317  provides “an initial com pilation of concepts that support 
collaboration at the regional and international level and that can be employed, on a voluntary 
basis, to improve and streamline regulatory processes, while safeguarding human, plant and 
animal health.”  
 
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